North Dakota Elective Share
Question Details: My father passed away 17 sep 09. He was remarried for only 6 months and left me as the beneficiary for his life insurance and retirement fund. He has had me as the primary beneficiary through 2 marriages and we have a divorce decree stating he must maintain a life insurance policy for me and he has ever since. My Step Mother of only 6 Months is suing the insurance company and retirement company to have the payments either divided or sent to her as part of the estate since she self appointed herself as the executor. Can she get the life insurance or retirement even after 6 months?
Wills, Trusts, Probate Law Answers
I think your step mother is probably going nowhere. The life insurance policy, and the benefits from it, are not part of your father's estate. The same is probably true of his retirement fund. I'm assuming that she wrote to the companies first, and they wouldn't agree to pay her anything; the reason they wouldn't agree is because she has no right to any of the money.
You may also have an interest in any property that is part of your father's estate, including his house or any other substantial assets, and if so, I'd suggest that it makes a lot of sense to hire a lawyer to discover and protect your interests.
Related Wills, Trusts, Probate Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen210 Answers|Points 10500Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen210 Answers|Points 10500Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
- Questions from North Dakota
- Wills, Trusts, Probate Law Questions
- North Dakota Wills, Trusts, Probate Law Questions
 |